1760817,608
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ORDINANCE NO.
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AN ORDINANCE TO AMEND SECTION 28 -28 OF THE
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LITTLE ROCK CITY CODE OF ORDINANCES (REVISED
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1988), PROVIDING FOR A SCHEDULE OF GARBAGE
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COLLECTION FEES AS SET OUT THEREIN;
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DECLARING AN EMERGENCY; AND FOR OTHER
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PURPOSES.
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WHEREAS, the City of Little Rock, Arkansas owns and
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operates a waste collection and disposal system; and
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WHEREAS, the City issued revenue bonds to finance the
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construction of betterments and improvements to the system; and
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WHEREAS, the City's current schedule of garbage collection
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fees is inadequate to provide funds to repay these revenue
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bonds, and the City 'agreed to establish rates adequate to repay
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the bonds in connection with their issuance.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
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THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1: Section 28 -28 (a) of the Little Rock City Code
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(Revised 1988) is hereby amended to read as follows:
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"Each dwelling unit will be charged without exception
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the sum of Fourteen Dollars and Eighty Cents ($14.80)
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per month effective November 15, 1997. In addition,
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effective March 15, 1998, this fee will be increased
by $1.55, and each dwelling unit will be charged
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Sixteen Dollars and Thirty -five Cents ($16.35) per
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month. Each billing unit will be provided a single
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City owned solid waste container (supercart). Fees
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will be collected monthly and billed on the statement
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for water for said premises and be the debt and
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obligation of the person, firm, or corporation in
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whose name the water meter is listed.
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SECTION 2: Section 28 -28 (b) of the Little Rock City Code
(Revised 1988) is hereby amended to read as follows:
"Commercial, industrial and institutional
establishments utilizing City collection services will
be charged a fee of Seven Dollars and Twenty Cents
($7.20) per cubic yard of solid waste handled, but not
less than a minimum charge of Twenty -eight Dollars and
Eighty Cents ($28.80) per month effective November 15,
1997. Such fees will be collected monthly and be
billed on the statement for water for the premises
served and shall be the debt and obligation of the
person, firm or corporation in whose name the water
meter is listed."
SECTION 3. EMERGENCY. The ability to meet the costs
necessary to deal with requirements for solid waste disposal is
essential to the public health, safety and welfare. An
emergency is declared to exist and this ordinance shall be in
full force and effect from and after November 15, 1997.
PASSED: November 4, 1997
ATTEST:
gmg BOBBIE HANCOCR
APPROVED AS TO FORM:
C
THOMAS M. CARPENTER
CITY ATTORNEY
APPROVED:
399
r �
ORDINANCE NO. 17,609
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF
LITTLE ROCK AND THE CITY OF CAMMACK VILLAGE FOR SEWER
SERVICE TO THE CITY OF CAMMACK VILLAGE; AND DECLARING
AN EMERGENCY.
391
WHEREAS, the City of Little Rock, Arkansas ( "Little Rock ")
owns a sewage disposal works and operates said works under the
authority of the Little Rock Sanitary Sewer Committee ( "the Sewer
Committee ") acting through the Little Rock Wastewater Utility
(the "Utility "), and, Little Rock is authorized by A.C.A. §14-
235 -212 to contract with another city or political subdivision to
provide sewage treatment for that entity to the extent of the
capacity of the sewage disposal works without impairing the
usefulness of said works to the owners upon such terms and
conditions as may be fixed by the Sewer Committee and Little Rock
and approved by ordinance of the respecting contracting parties;
and
WHEREAS, it is in the best interest of Cammack Village and
Little Rock to enter into a new contract due to the expiration of
the prior contract dated September 15, 1982, and the parties
mutually desire now to enter into a contract for the treatment of
sewage by the Little Rock Sanitary Sewer Committee acting through
Little Rock Wastewater Utility upon the terms and conditions set
forth in the contract attached hereto incorporated by reference
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herein for a period not to exceed 15 years pursuant to A.C.A.
§14- 235- 212(a)(2); and
WHEREAS, the treatment of sewage in accordance with said
contract will not impair the usefulness of the sewage disposal
works owned by the City of Little Rock, and the City of Little
Rock, by its City Board of Directors, desires to enter into said
contract and authorize the Mayor, City Clerk, Sewer Committee and
the Manager of the Utility to execute said contract; and
WHEREAS, the provisions of A.C.A. §14- 235 -212 require
approval by ordinance of the respective contracting parties and
the Sewer Committee has recommended approval of the contract for
treatment of the sewage in accordance with the provisions of said
contract;
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of
the City of Little Rock, Arkansas:
SECTION 1. That the contract attached hereto between the
City of Little Rock and Cammack Village for sewer service by the
City of Little Rock for the treatment of sewage from Cammack
Village, subject to the charges, collections and all provisions
contained in the applicable Little Rock sewer ordinances in
effect at the time establishing rates for sewer service based on
outside city rates, as amended or changed in the future during
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the term of this contract as specified therein, including any B 8 3
extensions
thereof,
is hereby
approved.
The
Mayor, the
City
Clerk, the
Chairman
of the Sewer
Committee
and
the Manager of
the
Little Rock Wastewater Utility are authorized to execute the
contract.
SECTION 2. That since the contract approved by this
Ordinance is of great importance to the health and welfare of the
citizens of the City of Little Rock, an emergency is hereby
declared to exist and this ordinance shall be in full force and
effect from and after its passage and approval.
PASSED: November 4 1 1997.
ATTEST: APPROVED:
City Clerk Robbie Hancock Ma o Jim Dailey
3816
CONTRACT
THIS CONTRACT is entered into by and between the City
of Little Rock, Arkansas and the Little Rock Sanitary Sewer
Committee (both hereinafter collectively "Little Rock" and
sometimes separate references to "the Sewer Committee ") and
the City of Cammack Village, Arkansas ( "Cammack Village ") by
their respective duly authorized undersigned
representatives;
W I T N E S S E T H:
WHEREAS, Little Rock is the owner of certain existing
public sewer facilities consisting of pipes six (6) inches
or larger in diameter and manholes with covers and
appurtenances thereto all situated within the city limits of
Cammack Village ( "Sewer Facilities "), which Little Rock
acquired by contract dated September 15, 1982 between Little
Rock and Cammack Village, together with certain utility
easements or rights of way in which the Sewer Facilities are
located, and the Sewer Committee has operated and maintained
said Sewer Facilities since the date of that contract in
accordance with the provisions contained therein; and
WHEREAS, the contract dated September 15, 1982, between
Little Rock and Cammack Village is subject to the provisions
of A.C.A. X14- 235 -212 and the statutory term of fifteen (15)
ears which expired on September 15, 1997, and the parties
Y P P C95,
desire to renew that contract for sewer service on the terms
and conditions herein set forth;
NOW, THEREFORE, in consideration of the mutual benefits
to be derived, it is hereby agreed by and between the
parties:
1 Sewage Treatment and Extension of Sewer Service by
Little Rork. Little Rock, acting through the Sewer
Committee operating the Little Rock Wastewater Utility,
agrees to perform the treatment of sewage from Cammack
Village, as discharged from Cammack Village to Little Rock's
sewer system in accordance with this contract into the
existing sewer facilities located in that area shown on the
map marked Exhibit "A" attached hereto and incorporated by
reference herein, subject to the provisions of this
contract; and, in consideration of the terms and conditions
set forth herein and Cammack Village's covenant to perform
and comply with all provisions of this contract, including
Cammack Village's cooperation in the enforcement of all
rules, regulations, ordinances, and laws referred to herein
and /or applicable to the use, operation and maintenance of
Little Rock's sewer system referred to in this contract for
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the duration thereof, as well as any continuations or
extensions thereof.
2. Charges for.Sewer Service. All charges for sewer
services provided by Little Rock to customers residing
within the city limits of Cammack Village and /or to any
customer through the Sewer Facilities referred to in this
contract and located in the area identified on Exhibit "A"
attached hereto shall be included on the water bills of
Little Rock Municipal Water Works in accordance with the
existing city ordinances establishing rates for sewer
service based on outside city rates, as those rates are
currently established and as these rates may be adjusted
from time to time. In the event such sewer service is
provided to customers who do,not receive water service from
Little Rock Municipal Water Works and, therefore, receive no
water bills which would otherwise also contain sewer
charges, those customers shall be billed in accordance with
such procedures as Little Rock, acting through the Little
Rock Sanitary Sewer Committee by the Little Rock Wastewater
Utility { "LRWU ") may establish in order to collect the
outside city sewer rates for such sewer service.
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3. Sewer Facilities. No sewer line with an internal
diameter of less than six (6) inches shall be considered a
public sewer, or otherwise be maintained by the Sewer
Committee, acting through LRWU, and the "point of service"
for maintenance responsibility assumed by the Sewer
Committee shall be the "wye" connection or other means of
connecting any building sewer to the public sewer.
4. Application of City of Little Rock Sewer
Ordinances.
(a) The operation and maintenance of the Sewer
Facilities referred to herein, including any present or
future service or extension thereof, shall be governed
solely by the provisions of all existing and future
ordinances enacted by the City of Little Rock, Arkansas
relating to the operation and maintenance of sewers
including, but not limited to, sewer use and pretreatment
requirements of any nature whatsoever; and the provisions of
these ordinances shall be binding on the parties hereto,
including the rates as may be from time to time specified in
those ordinances.
(b) The City of Cammack Village agrees that the
authority of the Sewer Committee includes, but is not
limited to, the authority to:
(1) Deny or condition new or increased
contributions of pollutants, or changes in the nature of
pollutants, to the Publicly Owned Treatment Works ( "POTW ")
owned by the Sewer Committee by Industrial Users where such
contributions do not meet applicable Pre - treatment Standards
and Requirements (as same are defined in applicable Federal
and Arkansas statutes and regulations and ordinances of the
City of Little Rock, as the same may be amended from time to
time) or where such contributions would cause the POTW to
violate its National Pollutants Discharge Elimination System
( "NPDES ") permit;
(2) Require compliance with applicable
Pretreatment Standards and Requirements by Industrial Users;
(3) Control, through permit, contract, order, or
similar means, the contribution to the POTW by each
Industrial User to ensure compliance with applicable
Pretreatment Standards and Requirements;
(4) Require (a) the development of a compliance
schedule by each Industrial User for the installation of
Standards and Requirements and (b) the submission of all
notices and self- monitoring reports from Industrial Users as
are necessary to assess and assure compliance by Industrial
Users with Pretreatment Standards and Requirements,
including but not limited to the reports required in Volume
40 of the Code of Federal Regulations at 40 C.F.R. §403.12,
as adopted into Section 4 of Regulation No. 6 of the
Regulations for State Administration of the National
Pollutants Discharge Elimination System of the Arkansas
Department of Pollution Control and Ecology, or any future
amendment to these regulations, as same are administered and
enforced by the Arkansas Department of Pollution Control and
Ecology;
(5) Carry out all inspection, surveillance and
monitoring procedures necessary to determine, independent of
information supplied by Industrial Users, compliance or non-
compliance with applicable Pretreatment Standards and
Requirements by Industrial Users. Representatives of the
POTW shall be authorized to enter any premises of any
Industrial User in which a Discharge source or treatment
system is located or in which records are required to be
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kept under applicable federal or state regulations including
but not limited to 40 C.F.R. §403.12(m) to assure compliance
with Pretreatment Standards. Such authority shall be at
least as extensive as the authority provided under Section
308 of the Clean Water Act of 1972, as amended, and any
applicable Arkansas regulations and statutes including the
Arkansas Water and Air Pollution Control Act, Act 472 of
1949, as amended, and ordinances of the City of Little Rock,
as same may be enacted or amended from time to time;
(6) Obtain remedies for noncompliance by any
Industrial User for violation of any Pretreatment Standard
and Requirement. The Sewer Committee shall be entitled to
seek injunctive relief for noncompliance by Industrial Users
with Pretreatment Standards and Requirements. If the laws
of the State of Arkansas now or hereafter authorize Cammack
Village to enact ordinances or other local legislation to
assess civil or criminal penalties for noncompliance by
Industrial Users with Pretreatment Standards and
Requirements, Cammack Village covenants with the Sewer
Committee that it will enact such ordinances or other local
legislation which the Sewer Committee may request as soon as
practical, and Cammack Village expressly agrees that this
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covenant may be enforced by the Sewer Committee in a Court
of Equity in accordance with the law of Arkansas in Pulaski
County, Arkansas, which the parties expressly stipulate is
the appropriate venue for any such action. If the laws of
the State of Arkansas do not now or hereafter authorize such
actions, then the Sewer Committee is authorized to enter
into contracts with Industrial Users to assure compliance by
Industrial Users with Pretreatment Standards and
Requirements. Any such contract will provide for liquidated
damages for violation of Pretreatment Standards and
Requirements and will include an agreement by the Industrial
User to submit to the remedy of specific performance for
breach of contract, enforceable by a court situated in
Pulaski County, Arkansas.
(7) The definitions set forth at 40 C.F.R.
§403.3, as amended, are expressly incorporated by reference
herein as if set forth word for word and a copy thereof is
attached hereto marked Exhibit "B ".
5 Future CQnnections with the Sewer System in
Cammack Village. Cammack Village shall have no authority to
extend or permit any future connections to the Sewer
Facilities referred to in this Contract and Cammack Village
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agrees not to allow or permit any sewer extension to any
area outside the incorporated area of Cammack Village as the
boundaries exist on the date when this Contract is executed
or if they are changed in the future. Cammack Village
further agrees not to allow or permit any future sewer main
extensions and /or sewer connections within the city limits
of Cammack Village (as shown on Exhibit "A ") served or not
currently served without the prior approval in writing of
the Little Rock Sanitary Sewer Committee after a written
application for such connection with information of the
reasons and proposed location of the connection.
6. Future Extensions of SQrvice. Little Rock and the
Sewer Committee shall not be obligated for and assume no
liability for any future extension of service not
specifically set forth herein. Anyone desiring such an
extension of service beyond the existing facilities hereby
served after receiving the necessary written permission, as
specified herein, shall bear the full cost thereof,
including all costs of any nature whatsoever involved in
effecting such extension or making available such service
and the payment of any connection fees set by the Little
Rock Sanitary Sewer Committee, which shall have the sole
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authority to establish such fees. The further extension of
service shall be in accordance with the rules and
regulations of the Little Rock Sanitary Sewer Committee and
subject to its approval at the time of the extension of
service.
7. Cammack Village Comprehensive Development Plan.
zoning Ordinance and Pre Treatment Ordinance. Cammack
Village covenants as a condition of sewer service under this
Contract that it has a comprehensive development plan and
zoning ordinance. Cammack Village covenants to maintain and
enforce at all times said comprehensive development plan,
and zoning ordinance and cooperate with Little Rock for the
enforcement of such ordinance.
8. Title and Maintenance Responsibility for Public
Sewer Facilities Located and /or to be Located in Cammack
Village. Title to and maintenance responsibility for any
and all public sewer facilities subject to this contract
being defined as those pipes or conduits having a diameter
of six (6) inches or larger, normally equipped with manholes
located in rights of way or easements together with all
appurtenances thereto, shall be in Little Rock, provided
however, any storm water facilities are not included as part
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of the Sewer Facilities herein referred to, and any storm
water facilities shall remain the property and sole
responsibility of Cammack Village.
9. Title and Maintenance Responsibility for Building
Sewer or Private Service Lines. Title to and maintenance
responsibility for any building sewer connecting each
customer's public facilities to the public sewer line
located in Cammack Village or private service line or to any
extension thereof shall remain with the respective property
owner, even though a portion of the building sewer or
service line may be installed in the public right of way or
easement; and Little Rock shall have no liability or
responsibility for the operation or maintenance of said
building sewer.
10. Term of Contract. Unless terminated earlier, the
term of this Contract shall be for a period of fifteen (15)
years from the date hereof at which time it will expire;
provided, however, this Contract may be extended by the
agreement of the parties hereto upon notice given by either
party prior to the end of the term and adoption, thereafter,
of approving ordinances by Cammack Village and the City of
Little Rock, Arkansas.
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11. Assignment or Transfer. This Contract and the
rights hereunder shall not be assigned or transferred by
Cammack Village, and shall be binding upon the successors of
either party.
12. Taxes. Cammack Village covenants and agrees to
pay any and all taxes levied by the United States and the
State of Arkansas for the services provided and treatment of
sewage pursuant to this contract, and Cammack Village shall
comply with all federal, state, county and municipal laws,
ordinances, rules and regulations pertaining to the
treatment of sewage; and Cammack Village further agrees to
indemnify and hold harmless Little Rock for any loss or
damage of nature whatsoever sustained by Little Rock
occasioned by the Cammack Village's failure to comply with
said laws, ordinances, rules and regulations by the
employees or authorized representatives of Cammack Village.
13. Termination. This Contract may be terminated by
Little Rock if Cammack Village fails to comply fully with
any of the terms and provisions of this Contract.
Termination of this Contract may occur only after actual
written notice is given of the nature of the breach. In the
event of the termination of this Contract, all obligations
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of Little Rock to treat the sewage under the agreement shall
cease and Cammack Village, including all residents and /or
customers shall stop using the Sewer Facilities and Cammack
Village shall immediately remove the sewer connection(s) to
Little Rock's sewer system provided herein. It is the
intention of the parties hereto that Cammack Village shall
be solely responsible for the treatment of its sewage upon
termination of this Contract, failing which Little Rock
shall be entitled to recover from Cammack Village all
damages sustained by Little Rock of any nature whatsoever
proximately caused by any violation by Cammack Village or
its residents of any provision(s) of this Contract,
including but not limited to any damages sustained by Little
Rock due to the failure of Cammack Village or its residents
to remove said sewer connection(s) and cease use of the
Sewer Facilities, as well as any additional costs and
expenses incurred by Little Rock for treatment of said
sewage in the event Cammack Village fails to remove the
sewer connection(s) to Little Rock's sewer system.
14. Notices. All notices hereunder shall be in
writing and shall be deemed to have been duly given when
sent by certified mail, postage prepaid, as follows:
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If to Little Rock:
Little Rock Wastewater Utility AND City of Little Rock
221 East Capitol Avenue City Hall, 500 W. Markham
Little Rock, Arkansas 72201 Little Rock, Arkansas 72201
Attn: Manager Attn: City Manager and Mayor
If to Cammack Village:
City of Cammack Village
City Hall
2710 North McKinley
Little Rock, Arkansas 72207
Attention: Mayor
15. 22date or Ragulat;ons. Cammack village agrees to
abide by the rules and regulations published from time to
time concerning the treatment of sewage by Little Rock; and
all applicable federal, state, county and municipal
regulations concerning construction, operating, maintenance,
and protection of treatment of sewage pursuant to this
Contract. Little Rock by the Sewer Committee acting through
LRWU shall have the right at all times, if it deems
necessary or appropriate, to inspect all individual tie -ons,
connections to or extensions of the Sewer Facilities
referred to in this Contract.
16.
Governmental
Function.
The
parties recognize
that
treatment
of
sewage
pursuant
to
this agreement
is a
governmental function and this Agreement shall be performed
by the parties hereto in their respective governmental
capacities.
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17 Invalid Prov: siQn Shall Not Invalidate Contract.
The parties agree that in the event any paragraph, sentence,
clause or word(s) of this Contract shall be held to be
invalid, illegal or unenforceable, all other terms and
provisions of this Contract shall remain in full force and
effect, and this Contract shall be construed as if not
containing the particular provision or provisions held to be
invalid.
18. Contract Legally Binding. All parties to the
Contract agree to the terms contained herein and represent
to each other that the terms of this Contract have been duly
accepted and approved by the authorized representatives of
the parties hereto; and all parties covenant to each other
that all action required by law has been taken to make this
Contract legally binding and enforceable and that the
parties hereto shall have all of the rights and remedies
under the law of Arkansas to enforce the terms of this
Contract, any action on which the parties stipulate and
agree shall be brought in Pulaski County, Arkansas.
is
IN WITNESS WHEREOF, the parties have caused this
contract to be executed by their duly authorized
representatives on the 'ice day of `n rjyyM1_crA , , 1997.
CITY OF LITTLE ROCK, ARKANSAS
By:
Mayor
LITTLE ROCK SANITARY SEWER
COMMITTEE
By:
Chairman
ATTEST:
Manager
Little Rock Wastewater Utility
Attest:
CITY OF CAMMACK VILLAGE, ARKANSAS
By:
Mayor
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EXHIBIT ° A a
•
E403-1
i
i
40 CFR Ch. 1 (7-1 -96)
4W.10 Dovelopmeat and eubmiaslon of
rail or oth'rwise introduced into
NPDES state pratreatmaet prug.
POT+Aa = def�nad below In § 40911k:
403.11 Approval prooedurei for POTw
(2) To VOTWs which receive
pratreavrrent programs and FOTW grant
wastewater tr6m sources subject to Na-
40112 requite.
403.19 eme¢te [or PO'CW'S
clonal Pre truant Itanasrda;
and ladoarrial wars.
Industrial users.
(3) To Sts which have or are ap-
4M.19 Variances from ratagadml
plying for atfenal Pollutant Die -
protraav eat atandarde for fuadamea-
charge Ellminatlon System (NPDES)
tally different factors.
programs approved in accordance with
403.14 Confidentiality.
section 403 of he Act; and
409.15 vsa oalculatlo¢.
4os1s Up"t Dpeat pcoYtatoo_
(4) To arty n iw or existing scarce sub -
im-17 Rytnse_
ject to Preticatruent, Standards. Vs-
4=19 Modificatlna of POIW Prab saac ut
tional pretreatment Standards do not
Programs
apply to s0 which Discharge to a
AFPernnr A 7u PA 403- -PROGR v 0°mnrrct
sewer which I is not connected t0 a
MtUORAXDDM
POTW Treat ent Plant.
ArPQranr B 7o PART 431-- {Iisaeave¢7
C PART
8f99, Jp. 19, 19e1, fie amended at
APPCNDa IV lo3- {RasstrvsDl
146 FR
ArPeRDOr D xa Pwar 4o3�er.aergn IRbvs-
9.
FR 777e, J¢D, 7 , 1991: W FR atiO3'� Jude �,
. 21,
TsrAi. SnaCATE00rtn.8 CONME RED DM=
)geS)
FOR PDDr'0986 OF Ttra CoDLRINtD
WAarsaraswx FUWx
§40;1.9 Obj lvea o[ general
APP4RrD0( E TO PAT 409- +4ALIPLWO PROs-
pretroatm at regulations.
nmr..
ArrmtDIXF (Rd4ERv5Dl
By establishing the responsibilities
APPEan°ra w PART 401— Pollata¢ts Eligible
of gOVer n cr(tt and industry to imple-
for a Removal Credit
ment Nations Pretreatment Standards
AvlUoatrr: See. 54(e)(2) of the Clean Water
this regulatiO fulfills three objectives:
Act of 1971. (Pub. L. 852173 aectlusa
(a) TO pregqent the lntraductton of
234(b)(iXC), 27e(bX3XCXi(1), 901(bX1)(AX11),
pollutants I to POTWs which will
901(b)(2XA)(10. 90l(b)(2)(C). 901(hX5), 901(7)(2),
Suterfere w( h the operation of a
304(e), b04(e), 3Vf, 309, 309, 402(b), 405 and
POT(ir. inclur)Sng interference with its
501(&) of the Federal Water Pollution (bntrol
t pal sludga-
use or dlapoa of munici
Act (Putr. L. 93500) ea amended by the Clean
Water Act of 19V sad the Water Qudity Aot
,
(b) To pregant the Introduction of
of 1892 (Pab_ L. 1WA)-
pollutants into POTWS which will pass
souscc. 4e FR 9419, Jan. 28- 1891- unless
through the treatment works or other -
other, l noted.
wise be incobg ps.tlble with such works:
and i
§409.1 Parpeac and appllcabilitY•
(c) To Improve opportunities to recy-
(a) This part implements sections
cle and reel m municipal and indus-
204(bX1XC), 208(bX2) (C)(111),
trial wastew rs and sludges.
211(bX1XAXii). 801(b)(2) (A)(ii). 301(h)(S)
and 301(1X3), 504 (o) and (g). 907, 908.305.
140&3 Da" tlonn.
402(b), 406, and 501(a) of the Federal
For the p-1—see of Chia part:
Water Pollution Control Act as amend-
(a) Except I as discussed below, the
ed by the CLea.a Water Act of 1977 (Pub.
general defii4tions, abbreviations, and
a 95 -217) or "Me Act". It establishes
methods of s ysls set forth in 90 CFR
responsibilities of Fedorel, State, and
P 401 shal apply to this regulation -
m government, industry and the
public to implement National
(b) The rrn Act means Federal
Pretreatment StandatHa to control poi-
Water Poll lion Control Act, also
lutants which paas through or Interfere
kAOWn fie tre Clean Water Act, as
with treatment processes in Publicly
amended. 33 (i.S.C. 125(, at seq.
Authar(fp
Owned Treatment Works (P1YTW9) or
(o) The tlerm Approval
the Dtirector in an NPDES State
which may contaminate sewage sludge.
means
(b) This regulation applfea:
with an app vod State pretreatment
(1) To pollutants from nan -domeatic
program andrths avorogriato Roglonal
sources covered by Pretreatment
Admialsu'aW In A non -NPDES Sle"
Standards which are indirectly dia-
or NPDES State without an approved
charged into or tranammod by track or
State Pcetrealtment program -
10
°011
EAVH [of T °-a2 r/-\
� o
0
(d) The term Appra0ed POTW
pretreatment Program or Program or
POTW Pretreatment Program means a
program admiafaterad by a PO'1'W that
meets the criteria established in this
regulation (15403.8 and 4039) and which
bas been approved by a Regional Ad-
tniniatra.tor or State Director in so-
cordance with 5403 -11 of this regale -
tion.
(e) The term Director means the chlof
administrative officer of a state or
Iateratate water pollution control
agency with an NPDRS permit pro-
gram approved pursuant to section
402(b) of the Act and an approved State
pretreatment program_
(f) The term water Management Divi-
sion Dirmctar moaas one of the Directora
of the Water Management Divisions
within the Regional omcaa of the Envi-
roomental Protection Agency or this
person's delegated representative.
(g) The term redirect Discharge or Do-
charge means the introduction of pol-
lutants late a POTW from any nan-do-
meetic source regulated under section
307(b), (c) or (d) of the Act.
(h) The term Industrial User or User
mesas a source of Indirect Discharge.
(i) The term Interference means a Die -
charge which, alone or in conjunction
with a discharge or discharges from
other sources, both:
(1) Inhibits or disrupts the POTW, its
treatment processes or operations, or
Its sludge processes, use or disposal:
and
(3) Therefore is a cause of a violation
of any requirement of the PoTvps
NPDF.S permit (including an increase
in the magaituda or duration of a vio-
lation) or of the prevention of sewage
sludge use or diaposal in compliance
with the following statutory provisions
and regulations or permits Issued
thereunder (or more stringent State or
local regulations); Section 405 of the
Clean Water Act, the Solid Waste Dis-
posal Act (SWDA) (including title 11,
more commonly referred to as the Re-
source Conservation and Recovery Act
(RCRA), and Including State regula-
tions contained In any State sludge
management plan prepared pursuant to
subtitle D of the SWDA), the Clean Air
Act. the Taxic Substances Control Act,
and the Marine Protection, Research
and Sanctuarlea Act.
(j) The term Xc
Standard, Preheat.
Standard means w
taming pollutant d)
mnlgated by the 1
with section 307 (b)
which applies to Im
term Include pis
limits established p
()cXl) The term
ate building, strvc
at." tion from wh1
be a Discharge of I
actuation of which
the publication
Pretreatment Steal
307(c) of the Act wb
ble to such source
are thereafter pron
once with that secti
(i) The building, e
installation Is cons
which no other soar
(ii) The building,
or installation to
process or product)
causes the disehan
an existing source-!
(tit) The praduc
generating proem
structure, facility
substantially Inde
Ing source at the
mining whether t
independent, fac
to which the new
with the existing p
to which the new
the same gene
the existing e0
orcd. I
I
�aa3 -3
Pretreatmmrt
en SYandwd. or
rogulatiaa con-
limits pro -
P� to accordance
d (c) of the Act,
trial Users. Tide
rive discharge
east to 1403..
V Sautae moans
, facility ar in-
4 that" is or may
1 utanta, the con -
mmencod after
of proposed
irds under section
kh will be appllca-
�f such Standards
ulgated In accord -
�n, provided that:
restore, facility or
rooted at a site at
e Is located. or
structure, facility
ally replaces the
in equipment that
a of pollutants at
an or wasWwa or
a of the building,
or installation era
ndent of an esist-
a site. In deter-
rse substantially
to much es the extent
acllity Is integrated
)ant, and the extent'
�Y
typo Lyla activity in
typo oC activity as
should be eansid-
(2) Construction on a site at which en
existing source ib located results in a
modification rattier than a new source
if the construction dose not create a
new building, structure, facility or in-
stallation meatl,g the criteria of para-
graphs (k)(1Xii)r or (1rXiXlii) of this
section but othdrwise alters, replaces.
or adds to existing process or produc-
Lion equipment)
(3) Construction
defined under tits
menced if the own
G) Begun, or ca
of a coutinu4s
program: I
of a new source as
paragraph has com-
er or operator has:
used to begin ex part
onalte construction
(A) Any plac meat, assembly, or 1n-
5catlation of i4ilities or equipment; or
EXHIBV a 6 e ((I ale '1 -� 4)
`02
M
g 403.3 40 CFR q,. 1 (7 -1-% EdWO(O
(B) Significant site preparation work
Including clearing, excavation, or re-
moval of existing buildings, structures,
or facilities which to necessary for the
placement, assembly, or Installation of
new source facillties or equipment; or
(ft) Entered Into a binding contrac-
tual obligation for the purchase of fa-
cilitfee or equipment which are In-
tended to be used In its operation with-
in a reasonable time. options to Duo-
chase or contracts which can be termi-
nated or modified without substantial
loss, and contracts for feasibility, engi-
neering, and design studies do not Con -
etituto a contractual obligation under
this paragraph.
(1) The terms NPDES Permit or Permit
magna a permit issued to a POTW pur
suant to section 402 of the Act.
(m) The term NPDES State meana s
State (aa defned in 40 CFR 122.2) qr
Interstate water pollution control
agency with an NPDES permit pro-
gram approved pursuant to section
402(b) of the Aot.
(n) The term Pasr Through means a
Discharge which exits the POTW Into
waters of the United States in quan-
tities or concentrations which, alone or
in conjunction with a discharge or dla-
charges from other sources, is a cause
of a violation of any requirement of the
POTW's NPDES permit (Including as
Increase in the magnitude or derat(en
of a violation).
(a) The term Publicly Ouoned Treat-
ment Works or POTW means a treat-
most works as defined by section 212 of
the Act, which is owned by a State or
municipality (as defined by section
502(4) of the Act). This definition In-
cludes any devices and systems used in
the storage, treatment, recycling and
reclamation of municipal sewage or In-
duatrfal wastes of a liquid nature. It
also includes sewers, pipes and other
Conveyances only if they convoy
wastewater to a POTW Treatment
Plant. The term silo means the mu-
nelpality as defined in section 502(4) of
the Act. which has jurisdiction over
the Indirect Divahargas to and the dls-
charges from such a treatment works.
(p) The term POTW Treatment Plant
means that portion or the POTW which
_.Is designed to Provide treatment Un-
eluding recycling aid reclamation) of
municipal sewage ee--¢¢d Industrial waste.
(q) The term Pretieatmenf means the
reduction of the aa Cunt of pollutants,
the elimination of p Mutants, or the sl-
toration of the natUCO of pollutant
properties In waste ater prior to or in
lieu of discharging' r otherwise lntro-
ducing such pollut*nta Into a POTW_
The reduction or al ration may be oh-
ta(ned by physical. hemlcal or biologi-
cal processes, pm eas changes or by
other means. except as prohibited by
§403.6(d). Appropr ate pretreatment
technology Includ s control equip-
ment, such m aqua. ization tanks or fs,
cllities, for protee ton against surgea
or slug loadings ttiat might Interfere
with or otherwise bi+ Incompatible with
the POTW. Ifoweve where wastewater
from a regulated pr icess is mixed in an
equalization facility with unregulated
wastewater or with wastewater from
another regulated Orcceas, the effluent
from the equals ion facility must
meet an adjuaced etrestmcat limit
calculated In aCwCQ=co with §401r(e).
(r) The term Prebj} atmant fequirsmentr
means any substantive or pr000durel
requirement telatad to Pretreatment,
other than a Nat onal Pretreatment
Standard, imposc4 on an Industrial
User.
(a) Te term Regional ional Administrator
means the apPmP�ato EPA Regional
Administrator. I
(t) SSpnilieanl lndurtrial User. (1) Rx-
capt as provided Id paragraph (tX2) of
this aegtian, the [{irm. Significant in-
dastrlal User meaod:
(I) All industrial eacm subject to Cat-
egorical FtMtreatm 3nt standards under
4o CFR 403.6 and 40 CFR chapter L aub-
chapter N; and
(il) Any other 14duatrial uaor that
discharges ae avo a of 25,000 gallons
per day or more a �rocoss wastewater
to the POTW (excl ding eanitery. non -
content Cecil, d border blowdown
wastewater); contiributes a process
wastentream which makes up 5 percent
or morn of the eveqqq%��6 a dry weather by-
draulia or orgah�C capacity of the
PCTW treatment or is des
ignated as such by!the Control Author-
ity as defined In 40ICFR 403.12(x) on the
12
EXHIBIT a_J__° (rte 3 a'- *)
40
se
703
EXHIBIT °�° (p�ye L+ o�
.
•
�y Q�(
l
" _:'EnvUwimontd Pfolecfboo A9Y
44035
r.r
<r_
1pafa that the fnduntrinl osas lr@-s a rear
5403Z Natldawl pretreatment stand-
" equable potential for advOtsoly affect-
ardc Prohibited dtechacg s,
Ing the POTW'9 Opeeatton or for violat-
(01) Cen IleV yrohibitianr. A User may
Ing aDy pretreatment afenns d or re-
not lntredupe into a POTW any
qulrement (in accordanw with 40 CFR
pollutaat(s) filch cause Pass Through
or InWrfae . Them general prohlbi-
(T Upon a finding that an industrial
Lions and th 3 specific prohibitions in
near meeting thO Criteria in paragraph
paragraph (b of this section apply to
(tX1Xfi) of this section has nq reason-
each User int reducing pollutants into a
able potential for adversely afrectIng'
POTW wheth x or not the User Is sub -
the POTW's operation or for violating
lent to othe National Pretreatment
any pretreatment standard or require-
standards orl aDy national, State, or
mane, the Control Authority (as de-
local Pretrea�ment Requirements.
fined in 4(1 CFR 413.12(&)) may at any
(y) Affmnat ve Defenml. A User shall
time, on its own initiative or to re-
have an afIlr�native defense In any ac-
aponso to a petition received from an
tlon brought isgainst It alleging a vio-
industrial Doer or POTW, and in ac-
lation of the,' general prohibitions ev-
cordance with 40 CFR 403.8(0(8). deter
tabliahed in paragraph (axl) of this
mine that such industrial user is not a
))I
section and t�e specific prohibitions in
significant Industrial user.
paragraphs ( X3), (bX4). (b)(5), (bX6),
(u) The term Submisrion means:
and (b)(7) o this section where the
(1) A request by a POTW for approval
User can dembnetrate that:
of a Pretreatment Pruerarn to the EPA
(D It did no�t know or have reason to
or a Director;
knew that itli Discharge, alone or In
(3) A MQUest by a POTW W tho EPA
conjunction I th a discharge or die-
or a Director for authority to revise
charges frorr4 other sources, would
the discharge limits in categorical
cau^a Pass Through or Interference;
Pretreatment Standards to reflect
and
Isl
FOTW pollutant removala; or
(iiXA) A to limit dsaigned to pre -
(3) A request to the EPA by an
vent Falls Thtlpugh and/or Interference,
NPDES State for approval of its State
as the cave may be, was developed in
Pretreatment program.
accordance with paragraph (c) of this
section for es4¢h pollutant In the User's
- (46 FR 9439, Jas 23, 1991. as amend*d at 19
Discharge th# Caused Pace Through or
FR 5132, Feb. le, 1981. 4a Fit ZMW. July lo,
1884: St Fit EM30, June 4, 1906; 61 FR 23760.
Interference, tind the User was in com-
with each local limit dl-
M 1, 193s; . I : 5 Fit J 312 11, ]98?; U7 FR
40610, out 17, 1988; 65 FR 90123, July 94. IOW]
p(janee 4aell
reetly prior to and during the Pass
Through or I+r7f6renee; or
f 403 State or local taw.
(B) If a local limit designed to pre -
NOthlre in this regalatlon is in-
vent Pass Thrugh and/or Interference,
tended to affect any Pretreatment Re-
Us the rave may be, has not been devel-
oped In accordance with paragraph (c)
Or
ay
of this section,)'for the pollutant(s) that
prohibition, catabng ed
prghibitiona, eatabitahed by State or
State
cauacd the Bass Through Or Inter-
. local law as long as the State or local
femsec. Lire [{sor'a Discharge directly
.
requirements are not Iesa stringent
prior to and during the Pass Through
than any set forth in Nation al
or Interferon did not change substan-
Pretreatment Standards, or arty other
tiauy in natrt a or conatiments from
requirements or prohibitions esrnb-
the User's prior discharge activity
fished under the Act or this regulation_
wiles rho F0T}V was regularly in com-
States with an NPDES permit program
pliance with the POTW's NPDES per -
approved in accordance with section
mit requ(rumep.ts and. In the case of
402 (b) sad (o) of the Act, or States m-
Interference, requirements
questing NPDES programs, are resson-
fpplicable
for sewage slu a use or disposal"
Bible for developing a State
(b) Specific ahibitfons. In addition,
pretreatm nc
nt program in scenrdae
the following �aMutants stall not be
with §403.10 of this regulation"
introduced )nt9 a POTW:
13
EXHIBIT °�° (p�ye L+ o�